What are grandparents legal rights?

It’s common knowledge that many grandparents play a vital role in the upbringing of their grandchildren; this may be for various reasons but commonly for free child care during working hours for the parents. As a result of this, on occasion, grandparents can get into disputes over the care of the child, and as a consequence can cause disputes between the family. Ultimately this can cause a relationship breakdown often resulting in complete or partial loss of time seeing their grandchildren but do you know what a grandparents legal rights are?

Understanding your legal rights as a grandparent could be the difference between seeing your grandchildren and not. 

Here is everything you need to know concerning grandparents legal rights:

Do grandparents have legal rights in the UK?

Unfortunately, a grandparents legal rights may not be what you expect. Grandparents do not have the legal right to see their grandchildren in England and Wales. In addition to this, grandparents do not have automatic parental responsibility, it is also not possible for grandparents to gain parental responsibility by applying for a Parental Responsibility Order.

It’s important as grandparents to understand that the parent has full legal rights to choose who their children see. This is why refraining from heated arguments is beneficial in the continued visitation of your grandchild. If you are unable to agree on arrangements with the parent of the child, then you are within your legal right to ask the family court for permission; they can set out arrangements for the parent and grandparent as to the time spent with the children.

How do I apply to the court for contact as a grandparent?

Attending family court is both mentally and emotionally draining, therefore it should only be considered as a last option. In addition to this, you have to consider legal fees, which could be in excess of £2,000, depending at what stage matters can be resolved.

Each family case is specific to its circumstances, therefore if you have any questions, don’t hesitate to contact our team immediately by calling 01302 341414.

What parental rights do grandparents have following the death of a parent?

Despite the death of a parent, the grandparent still does not have automatic rights. However, this can be avoided if the parent had a Will in place which specified that the grandparents are guardians of the children in the event of the parents death. It’s important to remember that this does not automatically give you the legal rights to your grandchildren, however, it is a good indicator of the parents wishes before their death which can be used as evidence in the event it went to family court.  

A referral to mediation will always have to be considered before making any application to the court and may resolve the matter without protracted court proceedings.

How can we at Taylor Bracewell help?

If you’re a parent or grandparent who is worried in regard to your legal rights to spend time with a grandchild,  then we would always recommend getting in touch and discussing your specific circumstances. Each case is different and our Family team would always advise based on your circumstances. Please get in touch by calling 01302 341414 or by filling out our online enquiry form if you wish to discuss your issue with a member of the team.